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Opinions May 27, 2014

May 27, 2014
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Indiana Court of Appeals
John Alden v. State of Indiana
30A05-1309-MI-463
Miscellaneous. Reverses denial of motion to prohibit the release of Alden’s criminal record. The trial court abused its discretion when it denied his motion on the basis that the Legislature had repealed I.C. 35-38-8-3. Remands for the trial court to consider the merits of his motion.

Richard M. Tallman v. State of Indiana, Indiana Department of Natural Resources, et al. (NFP)
51A01-1305-PL-241
Civil plenary. Affirms summary judgment in favor of the Department of Natural Resources and other state actors on Tallman’s complaint alleging that DNR officer Anthony Mann negligently injured Tallman when he arrested him.

In Re: The Paternity of A.G.P.; M.O. v. R.K.P. (NFP)
39A05-1311-JP-558
Juvenile. Affirms denial to set aside a paternity decree.

Tamara J. Shidler, surviving spouse of Michael R. Shidler v. Dennis G. Lockrey, M.D., and Sigma Medical Group, LLC, d/b/a Sigma Med Express Care, and James D. Pike, D.O., et al. (NFP)
79A05-1308-CT-410
Civil tort. Affirms jury verdict in favor of defendants on Shidler’s medical malpractice complaint.

Troy A. Bratton v. State of Indiana (NFP)
02A05-1310-CR-513
Criminal. Affirms the trial court decision that declined to find Bratton’s mental health to be a mitigating circumstance. Reverses Bratton’s sentence and the award of 67 days of credit time. Remands with instructions.

Chukwuemeka Chidebelu-Eze v. State of Indiana (NFP)
49A02-1308-CR-720
Criminal. Affirms battery convictions, one as a Class C felony and one as a Class D felony, and Eze’s sentence.

Marquise Lee v. State of Indiana (NFP)
49A02-1310-CR-869
Criminal. Affirms conviction of Class B felony attempted aggravated battery.

Dana Banks v. Evans Limestone Co. (NFP)
93A02-1307-EX-600
Agency action. Affirms denial of Dana Banks’ petition for lack of diligence, which was filed against his employer, Evans Limestone, which refused to authorize a spinal cord stimulator procedure that was recommended by three physicians.

Timothy E. Gabehart v. State of Indiana (NFP)
70A01-1401-CR-2
Criminal. Affirms denial of motion to withdraw guilty plea.

In the Matter of the Termination of the Parent-Child Relationship of L.B. and J.B., W.B. v. Indiana Department of Child Services (NFP)
73A04-1310-JT-545
Juvenile. Affirms termination of parental rights.

Breondon D. Pinkston v. State of Indiana (NFP)
02A04-1309-CR-481
Criminal. Affirms convictions of Class C felony carrying a handgun without a license and Class A misdemeanor criminal trespass.

Jackie Robson v. State of Indiana (NFP)
64A04-1309-CR-486
Criminal. Affirms sentence for Class C felony child molesting.

James E. Robinson v. State of Indiana (NFP)
12A02-1308-PC-775
Post conviction. Reverses denial of petition for post-conviction relief and remands for an evidentiary hearing.

Leonel H. Arellano v. State of Indiana (NFP)
02A03-1309-CR-373
Criminal. Affirms convictions and sentence for child molesting as a Class A felony and two counts of child molesting as Class C felonies.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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